U.S. Voting Rights

When the Constitution was written, only white male property owners (about 10 to 16 percent of the nation's population) had the vote. Over the past two centuries, though, the term "government by the people" has become a reality. During the early 1800s, states gradually dropped property requirements for voting. Later, groups that had been excluded previously gained the right to vote. Other reforms made the process fairer and easier.

1790

Only white male adult property-owners have the right to vote.

1810

Last religious prerequisite for voting is eliminated.

1850

Property ownership and tax requirements eliminated by 1850. Almost all adult white males could vote.

1855

Connecticut adopts the nation's first literacy test for voting. Massachusetts follows suit in 1857. The tests were implemented to discriminate against Irish-Catholic immigrants.

1870

The 15th Amendment is passed. It gives former slaves the right to vote and protects the voting rights of adult male citizens of any race.

1889

Florida adopts a poll tax. Ten other southern states will implement poll taxes.

1890

Mississippi adopts a literacy test to keep African Americans from voting. Numerous other states—not just in the south—also establish literacy tests. However, the tests also exclude many whites from voting. To get around this, states add grandfather clauses that allow those who could vote before 1870, or their descendants, to vote regardless of literacy or tax qualifications.

Oklahoma was the last state to append a grandfather clause to its literacy requirement (1910). In Guinn v. United States the Supreme Court rules that the clause is in conflict with the 15th Amendment, thereby outlawing literacy tests for federal elections.

Indian Citizenship Act grants all Native Americans the rights of citizenship, including the right to vote in federal elections.

1944

The Supreme Court outlaws "white primaries" in Smith v. Allwright (Texas). In Texas, and other states, primaries were conducted by private associations, which, by definion, could exclude whomever they chose. The Court declares the nomination process to be a public process bound by the terms of 15th Amendment.

1957

The first law to implement the 15th amendment, the Civil Rights Act, is passed. The Act set up the Civil Rights Commission—among its duties is to investigate voter discrimination.

The Voting Rights Act protects the rights of minority voters and eliminates voting barriers such as the literacy test. The Act is expanded and renewed in 1970, 1975, and 1982.

1966

The Supreme Court, in Harper v. Virginia Board of Elections, eliminates the poll tax as a qualification for voting in any election. A poll tax was still in use in Alabama, Mississippi, Texas, and Virginia.

1966

The Court upholds the Voting Rights Act in South Carolina v. Katzenbach.

1970

Literacy requirements are banned for five years by the 1970 renewal of the Voting Rights Act. At the time, eighteen states still have a literacy requirement in place. In Oregon v. Mitchell, the Court upholds the ban on literacy tests, which is made permanent in 1975. Judge Hugo Black, writing the court's opinion, cited the "long history of the discriminatory use of literacy tests to disenfranchise voters on account of their race" as the reason for their decision.

1971

The 26th amendment sets the minimum voting age at 18.

1972

In Dunn v. Blumstein, the Supreme Court declares that lengthy residence requirements for voting in state and local elections is unconstitutional and suggests that 30 days is an ample period.

1995

The Federal "Motor Voter Law" takes effect, making it easier to register to vote.

2003

Federal Voting Standards and Procedures Act requires states to streamline registration, voting, and other election procedures.

2013

In Shelby County v. Holder, the Supreme Court strikes down Section 4 of the Voting Rights Act, which established a formula for Congress to use when determining if a state or voting jurisdiction requires prior approval before changing its voting laws. Under Section 5 of the act nine—mostly Southern—states with a history of discrimination must get clearance from Congress before changing voting rules to make sure racial minorities are not negatively affected. While the 5–4 decision did not invalidate Section 5, it made it toothless. Fallout from the ruling was swift, with several states quickly moving to change their voting laws.